Higher Education Law: Policy and Perspectives

Higher Education Law is a comprehensive and accessible guide to the law of higher education. Drawing from real-life cases on United States campuses, the authors equip readers with the tools and knowledge to effectively respond in an environment of increasing litigation.

This textbook clearly explains the higher education law emanating from federal and state constitutions, as well as the common law flowing from appellate courts throughout the US. Addressing a clear gap in the literature currently available, this text provides:



an explanation of the point of law
case examples
rules of law
case notes
"context setting"

This innovative approach weaves law into its historical, political and sociological context, and is designed to help students and professors better understand the law as it applies to colleges and universities. It also provides higher education administrators in student affairs, development, philanthropy, and financial affairs with clear guidance on the legal responsibilities of their respective offices.

Klinton W. Alexander is Senior Lecturer of Law and International Relations at Vanderbilt University Law School in the Department of Political Science, and he also serves as Lecturer at the Institute of Advanced Legal Studies, University of London.
Kern Alexander is Excellence Professor, College of Education, University of Illinois, Urbana/Champaign, where he teaches courses in school law, higher education law, school finance, and higher education finance. He is Editor of the Journal of Education Finance published by the University of Illinois Press.

1. Nature of Law 2. Legal Structure of Higher Education 3. Religion 4. Student Fees and Tuition 5. Students and Parietal Rules: Fees, Living and Learning 6. State Action and Students Rights and Liberties at Private Colleges 7. Contractual Relationship Between Student and University 8. Student Dismissals and Procedural Due Process of Law 9. Substantive Due Process: Liberty and Property Interests of Students in Grading and Dismissals 10. Student Speech, Expression and Association 11. Free Speech and Electronic Communication 12. Student Press 13. Search and Seizure 14. Tort Liability 15. Defamation, Student Records and the Federal Family Education Rights and Privacy Act 16. Immunity from Liability of State Institutions 17. Liability & Immunity of Private Institutions 18. Racial Integration and Diversity in Higher Education 19. Gender-Based Discrimination 20. Academic Freedom 21. Faculty Loyalty Oaths and Self-Incrimination 22. Faculty Contracts, Tenure and Collective Bargaining 23. Faculty and Due Process of Law 24. Speech in Public Institutions 25. Intellectual Property